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The Department proposes to engage in negotiated rulemaking to address accreditation issues to clarify institutional flexibility to pursue changes of accreditors without prior Department approval and remove other burdensome requirements that erect barriers to entry for new accreditation agencies.

On December 26, 2024, the Department issued a Notice of Termination of negotiated rulemaking process for State Authorization, Cash Management, Accreditation and Related Issues closing the Notice of Intent to Commence Negotiated Rulemaking, 88 FR 43069 (July 6, 2023).

Statement of Need:

This rule aligns Department regulations with Executive Order 14279, Reforming Accreditation to Strengthen Higher Education, issued on April 23, 2025, particularly to clarify institutional flexibility to pursue changes of accreditors without prior Department approval and remove other burdensome requirements that erect barriers to entry for new accreditation agencies.

Summary of the Legal Basis:

The Department is conducting this rulemaking under 20 U.S.C. 1099b.

Executive Order 14279 requires the Department to reform the Higher Education Accreditation system in the following ways: (1) ensure programs are free from unlawful discrimination, (2) allow institutions to adopt practices that advance credential and degree completion, (3) require institutions to prioritize academic freedom, (4) inhibit accreditors from using their role to violate State laws, and (5) prohibit accreditors from engaging in practices that result in burdensome costs to students.

Alternatives:

Alternatives will be discussed in the notice of proposed rulemaking and final rule.

Anticipated Costs and Benefits:

Anticipated Costs and Benefits will be discussed in the notice of proposed rulemaking and final rule.

Risks:

Risks will be discussed in the notice of proposed rulemaking and final rule.